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Constitutional framework and position of the Public Prosecutor's Office as institution representing public prosecution
Habily, Yannick ; Hřebejk, Jiří (advisor) ; Mlsna, Petr (referee)
The goal of this thesis is to provide comprehensive analysis of constitutional framework and position of the Public prosecution. By term constitutional framework of the Public prosecution. I understand its definition and subsumption under the Constitution of the Czech Republic. By position of the Public prosecution I understand its degree of autonomy and its position within the system of public administration bodies including its relations with them. In relation to the goal of this thesis I also deal with the historical development of public prosecution and consideration over the possible amendments of its framework. The public prosecution service is a system of state offices which represent the state in protecting public interest. The constitution entrusts the Public prosecution office with the task of representing public prosecution in penal proceedings. And that is what makes the Public Prosecution office unique and irreplaceable institution, which together with the courts takes part in the exercise of penal justice and shall be therefore considered as necessary institution for the state governed by the rule of law. The thesis is divided into six main chapters except for its introduction and final part. The first chapter provides the overview of historical development of public prosecution with...
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Constitutionality of Reappointment of Presidents and Vicepresidents of Courts
Derka, Viktor ; Hřebejk, Jiří (referee)
218 Constitutionality of Reappointment of Presidents and Vice- Presidents of Courts Abstract This diploma thesis deals with the interdisciplinary topics of administrative and constitutional law, especially with questions of re-appointment of presidents and vice-presidents of courts in connection with time-limited periods of office. The main hypothesis considered in the context of the given topic is the unconstitutionality of the current administrative practice associated with repeated appointment as well as time-limited periods of office. The current practice of empowering the judges by performing the individual tasks of the judicial administration under the Act on Courts and Judges also constitutes deficit in the rule of law. This is quite unfortunate in the case of the judiciary, especially in the sense that the Ministry of Justice is not very active in its supervisory role. Therefore, the secondary purpose of this work is also to offer alternative, more efficient models of the current bureaucratic judicial administration. For this purpose, the thesis is based not only on theoretical legal aspects represented by primary sources in the form of laws, other regulations and jurisprudence, together with secondary sources in the form of expert articles and other publications, but also based on its own analysis...
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Constitutional transformation and dissolution of the Czechoslovak Federation after November 1989
Janeček, Viktor ; Gronský, Ján (advisor) ; Hřebejk, Jiří (referee)
Diploma thesis "Constitutional transformation and dissolution of Czechoslovak Federation after November 1989" is focused on legislative reflection of political changes in a federation in which one of the two nations' state-law ambitions have never been sufficiently fulfilled. This situation resulted into the dissolution of the federation that happened as an outcome of political negotiations of either republic's political representations that have endeavored to proceed with as legal means as possible, however mostly created ad hoc. The aim of this thesis is to describe these legal means of legal dissolution of a state since their political formulation, through their origination until their final acceptance. First part of this diploma thesis describes the origination of Czechoslovak Federation in 1968, interruption of the federalization processes in the times of so-called normalizations and continuance of this process after the changes in 1989 including drafts of a communist constitution and an opposition constitution towards the end of this year. Second part of this diploma thesis describes transformation of the Czechoslovak Federation as it happened in the first year after the Velvet revolution. This part also includes disquisition about integrating elements of a federative state as well as it is...
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The Court System of the Czech Republic
Hercíková, Monika Rita ; Hřebejk, Jiří (advisor) ; Janstová, Kateřina (referee)
The topic of this dissertation focuses on the arrangement of the court system in the Czech Republic. The aim of the thesis is to present a basic, comprehensive view of the organisation of the system of courts, elaborated with a closer analysis relating to the personnel composition and overall functioning of the individual courts. The introductory section of the thesis deals with the historical development of the judicial system within the territory of today's Czech Republic, in particular the organisation of the court system during the period of the First Czechoslovak Republic (1918-1938). The court system of the First Republic followed on to a large extent from the legal arrangement of the Austro-Hungarian judicial system, on the basis of the adoption of the Reception Act no. 11/1918 Coll. A gradual unification took place regarding the different arrangement of the court organisations in the Czech lands and in Slovakia. The court system of the First Republic was distinguished by a high degree of specialisation, the courts were divided into regular, specialised and arbitration courts. The system of general courts is formed by district, regional and high courts, the Supreme Court and the Supreme Administrative Court. The thesis also includes a description of the functioning of judicial councils, the...
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Judicial system in the Czech Republic
Plachý, Rostislav ; Hřebejk, Jiří (advisor) ; Preuss, Ondřej (referee)
Judicial system in the Czech Republic Abstract The purpose of this thesis is to give a comprehensive picture of judicial system in the Czech Republic, especially its roots, current state and possible future development. The first part of this thesis is developed into four chapters in which concept of judiciary and its functions, the important principles related to the judiciary, the related concept and the basic division of the types of courts are interpreted. The second part is divided into five chapters, which are separated by important historical events. These chapters summarize the historical development of the judicial system from the Austro-Hungarian Empire to the disintegration of the Czech and Slovak Federative Republic, with an emphasis on the system of general courts. At the end of this part is an author's personal appreciation presented. The third part represents a crucial part of this thesis. First chapter of this part defines the relevant legal regulations relating to the judicial system, followed by six chapters, which are gradually devoted to district courts, regional courts, high courts, the Supreme Court and the Supreme Administrative Court. These chapters devoted to the individual courts describe their position in the judicial system, composition, internal organization, jurisdiction,...
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Theoretical Issues of the Civil Legal Status of the Sportsman in the Legal System of the Czech Republic and the European Union
Ondřejová, Zuzana ; Beran, Karel (advisor) ; Hřebejk, Jiří (referee)
Theoretical Issues of Civil Legal Status of the Sportsman in the Legal System of the Czech Republic and the European Union The reson why I chose this topic for my final thesis is fact, that I am still an active basketball player. During my studies at The Faculty of Law I have started to be more interested in problems of mutual relationship between sport and law. The main objektive of this thesis is in detail to describe and analyze whether, in conformity with valid legal rules, is a professional sportsman in the legal status of the sole trader, in the legal status of the person practising his profession on a free-lance basis or in the legal status of an employee. In the introduction chapter, an analysis of a concept "sport" is performed. Sport is therein defined, number of its characteristic features are described including the division into a recreational sport, achievment sport and professional sport. Another part of this charter is focused on the concept "sportsman" which brings the definition and differences among amateur, paraproffesional and professional sportsmen. Sport in contemporary conception, especially the professional one, undoubtedly has to be regulated by law. The last part of this chapter deals with the issue how law regulates sport and how the frontier between sporting rules and legal...
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What Senate? Position of Senate in the Constitutional System of the Czech Republic
Holásek, Jan ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
Author: Jan Holásek Summary/Abstract Title of the Thesis: What Senate? - Position of Senate in the Constitutional System of the Czech Republic The thesis "What Senate? - Position of Senate in the Constitutional System of the Czech Republic" (hereinafter also the "Thesis") discusses the legal position and functioning of the Senate of the Czech Republic. The objective of the Thesis is to highlight the basic principles of the concept of bicameral legislative bodies; mention the history of bicameral structures in the modern history of Czechoslovakia and the Czech Republic; describe the main principles of functioning of the second/high chambers in constitutional systems which could be inspirative for the Czech Senate; describe the principles of establishment, functioning and competencies of the current Senate of the Czech Republic, including the proposals for amendments of the Senate constitutional position made in the past. Furthermore, to consider the ways in which it would be possible to strengthen the position of the Senate in constitutional and political systems of the Czech Republic; suggest specific amendments to the Senate competencies aiming to ensure its position in order for the Senate to be repsected not only by the political representatives, but also professional representatives as well as the...
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Safety securing and states of crisis in the constitutional law of the CR
Baumruková, Lucie ; Hřebejk, Jiří (referee)
This thesis discusses the issue of securing safety of the state with emphasis on the institute of so called states of crisis in the constitutional law of the Czech Republic. The first part deals with states of crisis in general, outlines the basic theory of states of crisis as institutes of law, historical and international context of regulation, as well as on a generally security oriented context. The second section is dedicated to individual states of crisis, namely the state of danger, state of emergency, state of threat to the state and state of war. The thesis contain the basic description of the state of emergency, its sources of law, the method of its declaration all of the states of crises and discusses institutes common for all, or most of the individual states of crisis. Last section of this thesis focuses on further methods of safety ensuring, in particular with connotation to Article 43 of the Constitution of the Czech Republic. For example the regulation of the dispatch of armed forces beyond the territory of the Czech Republic and the residence of foreign armed forces in the territory of the Czech Republic or the regulation of crossing and flying across the territory of the Czech Republic. The conclusion indicates that the current legislation regulating states of crisis is not...
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States of crisis in the legal order of the Czech Republic
Stejskal, Jakub ; Kudrna, Jan (advisor) ; Hřebejk, Jiří (referee)
The aim of this thesis is to summarise the legal framework of states of crisis in legal order of the Czech Republic, to point at the main shortages and provide possible solutions. The thesis is divided into five chapters. The first chapter firstly takes a closer look at the general conception of states of crisis defined by legal theory. Then follows the topic of states of crisis and their functioning in ancient Rome, England till the 19th century and in France and Germany during the last 150 years. The second chapter is focused on the types of states of crisis which were known in the previous Czech legal orders. Attention is mainly paid to the state of war and declaration of war. The next part deals with the other historical states of crisis, such as those which arose originally from Austrian Emergency Measures Act, till the legislative proposals antecedent to current Security of the Czech Republic Act. The third chapter is firstly defining current legal terms and analysing states of crisis which are regulated in the Czech legal order. The text starts with the state of danger and then proceeds to the state of emergency, state of threat to the state and to the state of war. The subchapters expound who and under which circumstances, is entitled to declare each single state. The position of selected...
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DEVELOPMENT OF THE INSTITUTION OF STATE CITIZENSHIP IN THE CZECH REPUBLIC AND THE CONTEMPORARY SITUATION
Hřebejk, Jiří ; Gerloch, Aleš (advisor) ; Hofmannová, Helena (referee) ; Svatoň, Jan (referee)
The thesis entitled "Development of the Institution of State Citizenship in the Czech Republic and the Contemporary Situation" deals with the theoretical concept of the institute of citizenship, the content of the term, the historic origins of the archetype of modern citizenship in the ancient world and in the territory of the present Czech Republic, its stipulation in private law regulations, and its gradual transformation into a public institute. The thesis is a genesis of the constitutional and legal regulation in Czechoslovakia between 1918 to 1992, in the Czech Republic as the subject of the Czechoslovak Federation between 1969 and 1992, and in the autonomous Czech Republic from 1993 to the present. The thesis also refers to the international conventional regulation of the institute of citizenship, which is the expression of the sovereignty of a state, but multilateral international agreements between countries create a uniform platform of this institute, mainly within Europe. Court jurisdiction is also discussed, namely of the Constitutional Court of the Czech Republic in relation to the content and interpretation of the institute of citizenship in the legislation of the Czech Republic.
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